Case Note & Summary
The case involved a Civil Revision Application filed by a widow against the Gujarat Electricity Board concerning the disconnection of her electricity supply. The petitioner claimed that she had paid the disputed bill amount and sought reconnection of her electricity supply. However, the Board contended that the petitioner was liable for delayed payment charges amounting to Rs.10,999.47 as of November 30, 1995. The petitioner, represented by counsel, argued for the possibility of paying these charges in installments due to her financial constraints. The Board's counsel did not object to this proposal, provided the petitioner agreed to pay the delayed charges along with any further charges incurred until January 31, 1996. The court, after hearing both parties, issued directions for the reconnection of electricity supply contingent upon the petitioner’s written undertaking to pay the delayed charges in monthly installments of Rs.750 until the total amount was settled. The court also stipulated that in case of default, the Board could disconnect the supply again. The rule was made absolute to this extent, with no costs awarded.
Headnote
A) Civil Procedure - Reconnection of Electricity Supply - Conditions for Reconnection - Code of Civil Procedure, 1908 - The court directed the Gujarat Electricity Board to reconnect the electricity supply to the petitioner upon her undertaking to pay delayed payment charges in installments. The petitioner, a widow, was unable to pay the full amount at once, and the court allowed for installment payments to facilitate reconnection (Paras 2-3).
Issue of Consideration
Whether the petitioner is entitled to reconnection of electricity supply upon agreeing to pay delayed payment charges in installments.
Final Decision
The court directed the Gujarat Electricity Board to reconnect the electricity supply upon the petitioner's written undertaking to pay delayed payment charges in installments of Rs.750 per month until the total amount was settled. The Board was granted liberty to disconnect the supply in case of default.
Law Points
- Civil procedure
- Electricity supply
- Reconnection charges
- Delayed payment charges
